U.S. Bank Trust, N.A. v. O'Brien

Syllabus

The defendant property owner appealed from the trial court's judgment granting the plaintiff's application for execution of ejectment after the court had previously rendered a judgment of strict foreclosure on certain real property. The defendant claimed, inter alia, that the court erroneously ordered the execution of ejectment because title had not yet vested in the plaintiff. Held: The trial court erroneously granted the plaintiff's application for execution of ejectment, as, although the court had previously issued an order granting the plaintiff's motion to terminate a then existing appellate stay, the court did not clearly indicate an intent to prospectively terminate future automatic appellate stays and, therefore, an automatic appellate stay pursuant to the rule of practice (§ 61-11) was in effect following the defendant's filing of his previous appeal, the law days had passed without legal effect, and absolute title to the property had not yet vested in the plaintiff at the time the court ordered the execution of ejectment. Argued February 14—officially released April 1, 2025